Navigable Waters Regulations 1958 (Western Australia) — Zoe

Western Australia regulation

Navigable Waters Regulations 1958

In ForceWA

Jurisdiction

Western Australia

Collection

regulation

Plain English Summary

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What these regulations do, in plain terms

The Navigable Waters Regulations 1958 set rules for using Western Australian coastal and inland waters. They:

Require registration and identification for most pleasure vessels and foreign visiting pleasure boats, and set fees for registration and related services (see regs 45B, 45BAA, 45B(3a), 45BAB).
Create an accreditation system for people who affix and verify hull identification numbers (HINs) and allow the CEO to set conditions on accreditations (regs 45AA–45AC).
Impose safety equipment and operating requirements for recreational craft: lifejackets, distress signals, locator beacons, marine radios, silencers and ventilation, navigation lights and other equipment standards (regs 50B, 52A, 52B, 52BAA, 52BAB, 52E–52G).
Regulate driver competency for certain powered vessels through the recreational skipper’s ticket system, including age limits, supervision rules for learners and powers to refuse, suspend or cancel tickets (regs 47–47I, 47A, 47C–47G).
Set conduct rules for general good order: speeds, towing, diving signals, rubbish, interference with aids to navigation and lifesaving equipment, jetties use, berthing and mooring (Part II, Part III, Part IV; see regs 4–20, 21–36, 37–40).
Provide new, specific rules and powers to identify, deal with and remove obstructions (including derelict vessels) from State waters, and to recover the costs of removal as a debt and a first charge on the thing removed (Part 5: regs 40A–45).
Give the CEO and authorised officers broad administrative powers to set aside areas, grant permissions, inspect vessels, issue notices, declare emergency vessels, publish notices in the Government Gazette and remove or otherwise deal with obstructions (see regs 5, 10A, 48A, 19H, 40F, 40J–40L, 42–45).

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What it does

The Navigable Waters Regulations 1958 (WA) establish a comprehensive scheme for the safety, good order, and lawful use of Western Australia's navigable waters. Made under the Shipping and Pilotage Act 1967, Jetties Act 1926 and Western Australian Marine Act 1982 (together defined as "the Acts"), these regulations govern vessel operation, jetty use, mooring, obstruction removal, vessel registration, recreational skipper competency, and mandatory safety equipment. The regulations apply to all persons and vessels in navigable waters, defined broadly to include the territorial sea adjacent to the State, waters landward of that, and waters within State limits on which any vessel or marine craft can be navigated (r. 2(1)). Part II prescribes general good order rules: vessels must not be navigated to cause nuisance or damage (r. 14), lifesaving equipment and aids to navigation must not be interfered with (rr. 6, 7), and rubbish may not be deposited in navigable waters without permission (r. 8). Speed limits apply in the Swan and Canning Rivers between sunset and sunrise (10 knots, r. 19A). Diving operations require display of the International Code Flag “A” by day or three all‑round lights by night (r. 19C), and approaching vessels must keep at least 50 metres clear or proceed at slowest safe speed (r. 19E). Emergency vessels may be declared exempt from specified provisions (r. 3A, r. 19H). Part III regulates public jetties: vessels must not remain longer than necessary for embarking or discharging (r. 25), cargo cannot be left on jetties (r. 26), and vehicles and bicycles are restricted (r. 28). Part IV empowers the Department to direct mooring, berthing or removal of vessels (r. 38). Part 5 (inserted by SL 2025/215) creates a detailed regime for dealing with obstructions , vessels or other things that are hazards to safety or the environment, or placed in contravention of marine legislation (r. 40C). The CEO may issue remedy notices, investigate, remove obstructions, recover costs, and sell or destroy them (rr. 40F-45). Part 5A requires registration of registrable vessels (pleasure vessels fitted with a motor, excluding tenders) and prescribes fees, marking of registration numbers, hull identification numbers, and transfer procedures (rr. 45A-45F). Part 6 establishes recreational skipper’s tickets: persons under 16 generally cannot drive an RST vessel (propelled by more than 4.5 kW) without a ticket or direct supervision (r. 47A). Lifejacket wearing is mandatory for children aged 12 months to 12 years on pleasure vessels outside protected waters beyond 400 m from shore, for all persons on vessels less than 4.8 m outside protected waters beyond 400 m, and for all persons on personal watercraft (r. 50B). Pleasure vessels must carry appropriate lifejackets (r. 52A), distress signals (r. 52B), and, beyond 4 nautical miles from shore, a marine transceiver (r. 52BAA). An Emergency Position‑Indicating Radio Beacon or personal locator beacon is required outside protected waters beyond 400 m (r. 52BAB). Part VIII contains miscellaneous provisions including forms for warrants and orders to produce, disclosure of information by the Commissioner of Police, electronic notice giving, and an offence for unauthorised endorsement or alteration of infringement notices (rr. 68-74). Schedule 2 clarifies which things are vessels (boats, personal watercraft, paddle craft, sailboards, electric hydrofoil boards above 4.5 kW) and which are not (stand‑up paddle boards, surfboards, body boards, paddle boats, underwater propulsion devices, towed recreational equipment).

Current sections

Direct links to the current provisions in Navigable Waters Regulations 1958.

Authorised Version

The authorised version of this legislation is published by the jurisdiction's legislation service. Follow the link below to read or download it from the official source.

View on official register

Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.

The stated or apparent purpose is to promote safety, orderly use of waterways and environmental protection (this is the framework across Parts II, V and VI). That aim is implemented by mandating equipment, qualifications, registration, and powers to remove hazards (eg. regs 52A, 47, 45B, 40J–40K).
Costs and who pays: owners and operators carry most direct costs — registration fees, HIN verification and accreditation fees, equipment purchases (lifejackets, flares, beacons, radios), dealers‑plate fees and possible penalties. The State can recover costs for removing obstructions and treat them as a debt and first charge on the removed item (regs 40J, 40L(1)(f), 45(2)). Fees to the Department (eg. accreditation $440.90, examiner $122.30, registration fees in reg 45B(3a), sticker $2.05) fund administration and services (regs 45AA, 45AB, 45B(3a), 45BAB).
Incentives and behavioural effects: owners have an incentive to register vessels, affix and keep HINs legible, carry required safety gear, and obey navigation and diving signals to avoid fines and removal costs (regs 45EA–45EB, 52A, 19C–19E, 40D–40F). Accredited HIN providers/examiners can charge for their services, creating a small regulated market (45AA–45AB). Organisers must obtain permits for events (51C), which channels activity through the Department.
Trade‑offs and opportunity cost: the regulations trade some private freedom (use of vessels without registration or without safety equipment, freedom to leave vessels or structures in place) for centralised safety controls and environmental protection. Compliance costs (equipment, registration, accreditation) may be proportionally higher for small boat owners than for larger vessel operators. Dealers and accredited providers gain permitted commercial roles (45AA–45AB, 45BA), while owners incur fees and administrative steps.
Bureaucratic discretion and implementation risk: the CEO has broad discretionary powers — to grant exemptions, declare emergency vessels, set area notices for speeds and sporting activities, accredit providers and examiners, give remedy and obstruction notices, remove obstructions and decide whether to return or dispose of them (regs 19H, 48A, 45AA–45AC, 40F, 40J–40K, 42–45). Those discretionary powers concentrate decision‑making in the Department and create implementation risk that enforcement intensity and conditions will vary over time or across locations.
Compliance burden and enforcement: the regulatory scheme creates multiple administrative tasks for owners — registration renewals, HIN verification certificates, record keeping, notification of address or ownership changes, carrying and maintaining specific equipment, producing skipper tickets and registration on request (regs 45B, 45C, 45D, 47H, 52BA). Enforcement combines criminal fines (ranging from modest $500 fines to larger amounts, and a maximum $15,000 for certain obstruction offences — reg 40D(2)) and civil recoveries (removal costs and first charges — regs 40F(2)(e), 45(2)). Inspectors and police can board and inspect vessels at any time (reg 5).

Main concepts

Navigable waters are the central spatial concept, covering the territorial sea adjacent to WA, the sea on the landward side of that (not within State limits), and waters within State limits on which any vessel or marine craft can be navigated (r. 2(1)). Protected waters are a subset: waters contained in any lake, river or estuary, or by any breakwater, but expressly excluding Cambridge Gulf and Lake Argyle (r. 2(1)). This distinction matters because lifejacket and distress signal requirements apply only when a vessel is outside protected waters and more than 400 m from any shore (rr. 50B, 52A, 52B). Registrable vessel means a pleasure vessel fitted with or having a fitting for a motor, including a sailing vessel with a motor fitting, but excluding a tender (r. 2(1)). A tender is strictly defined: not more than 3.1 m in length, propelled by motored power not exceeding 3.73 kW, marked with the parent vessel’s registration number, and used only as a lifeboat or for transportation between parent vessel and shore (r. 2(1)). Vessel is given content by Schedule 2: boats (dinghies, inflatables, hydrofoil boats, jet boats, mini jet boats), personal watercraft (including those with aerial or docking hull attachments), docking hulls not attached, paddle craft (canoes, kayaks, surfskis), sailboards, electric hydrofoil boards with motor over 4.5 kW, personal towing devices, and any thing from Division 2 items 1-3 (stand‑up paddle boards, surfboards, body boards) that is fitted with a motor over 4.5 kW (Sch 2 Div 1). Things that are not vessels include stand‑up paddle boards, surfboards, body boards, paddle boats, underwater propulsion devices, and towed recreational equipment (Sch 2 Div 2). Obstruction is pivotal for Part 5: a vessel or other thing that is a hazard to safety or the environment, or is moored, berthed or placed in contravention of marine legislation, or uses a pen, berth or mooring in contravention of a charge requirement, or otherwise obstructs safe or lawful use of State waters or infrastructure (r. 40C(2)). The definition expressly includes any part of the obstruction, anything contained within it, and an obstruction used for residential purposes (r. 40C(3)). Recreational skipper’s ticket (RST) is the competency licence for driving an RST vessel (a registrable vessel propelled by motored power exceeding 4.5 kW) (r. 47(1)). A foreign skipper’s ticket is an equivalent issued outside WA that the CEO considers meets or exceeds the recreational skipper competency requirements (r. 47(1)). The person responsible for an obstruction includes the registered owner, last registered owner, owner, last master, or any person who has or last had responsibility for the vessel or thing (r. 45(1)). Reasonable costs and expenses for an obstruction are those determined by the CEO and include removal, storage, management, destruction, sale or disposal costs, legal fees, and professional disbursements (r. 40A). Hull identification number (HIN) means a number approved by the CEO, affixed to the hull by an accredited person in an approved form and manner (r. 45A(2)). The CEO may accredit persons as HIN providers or examiners (rr. 45AA, 45AB). Length of a vessel is generally measured from the fore part of the hull to the after part at the upper side of the uppermost weathertight deck, or at gunwale height for open vessels (r. 2(1)). For registered vessels, the registered length is used unless the Minister is not satisfied of its accuracy. Swan and Canning Rivers have special speed limits (r. 19A) and water‑skiing time restrictions: before 8 am and after sunset in the Swan, before 9 am and after sunset in the Canning (r. 50). Protected waters do not include Cambridge Gulf or Lake Argyle, so those waters are treated as unprotected for equipment purposes unless otherwise gazetted.

Who it affects

The regulations impose duties on a wide range of people. Owners and masters of vessels bear primary responsibility for ensuring compliance: where a regulation requires or forbids an act in relation to a vessel, it is the duty of the master and owner to do or refrain from doing it, except where expressly provided otherwise (r. 3(1)). This default rule is reinforced by r. 68, which states that the owner or master has the duty of causing the act to be done or preventing the forbidden act. Owners are also responsible for damage to jetties caused by persons they employ (r. 30). The person in charge of a vessel must comply with directions from officers of the Department, authorised persons, inspectors or police officers (r. 6A). Drivers of motor boats must hold a recreational skipper’s ticket or be directly supervised by a ticket‑holder if the vessel is an RST vessel (r. 47A). Age restrictions apply: no one under 10 may drive a motor boat; those aged 10-13 may drive an RST vessel only under supervision by a ticket‑holder aged 18+; those aged 14-15 may drive an RST vessel with a ticket but only at ≤8 knots and between sunrise and sunset, or under supervision (r. 47A(3)-(4)). Accompanying persons (observers) must be at least 14 years old when a speed boat is towing a para‑sailor or water skier (r. 49). Passengers on vessels being navigated must keep within hull limits unless engaged in navigation‑required activities (r. 14B). Swimmers using public jetties do so at their own risk as against the Crown or Department (r. 11). Divers using compressed gas must ensure the appropriate flag or lights are displayed, whether diving from a vessel or otherwise (rr. 19C, 19D). Organisers of aquatic sport events, boat races, regattas, or exhibitions must obtain permission from the CEO (r. 51C). Fishers on jetties must not obstruct vessel movement or cause a nuisance (r. 31). Persons placing vessels or other things in navigable waters must ensure they do not create an obstruction, and may be subject to remedy notices and removal orders (Part 5). Hull identification number providers and examiners must be accredited by the CEO and comply with conditions (rr. 45AA-45AC). Dealers in vessels may obtain dealer plates but must use them only for manufacture, repair, testing, sale or demonstration purposes (r. 45BA). Police officers and authorised persons have inspection powers under r. 5. Commissioner of Police may disclose certain information about risk of violence (r. 71). Prescribed persons under the Marine Act (e.g., ASIC, AFP, Australian Border Force, various state and commonwealth agencies) are listed for information‑sharing purposes (r. 72).

Key duties and rights

Registration duty: No person may use or have a registrable vessel in navigable waters unless it is registered with the Department, the current boat registration label is fixed to the port side, and the registration number is legibly marked on each side in the specified manner (r. 45B(1), (7), (7a)). Foreign pleasure vessels must also be registered within 30 days of entry (r. 45BAA). Dealers may use dealer plates in lieu of registration for permitted purposes (r. 45BA). Transfer duties: On sale or disposal of a registered vessel, the former owner must hand over the certificate and notify the Department within 7 days; the new owner must apply for transfer within 15 days, providing the certificate, consents, and a HIN verification certificate (r. 45E). Registration must not be transferred if the vessel is identified as an obstruction or subject to Part 5 action (r. 45E(2B)). Hull identification duties: Altering or removing a HIN without CEO approval is an offence (r. 45EA). If a HIN is altered, removed or rendered illegible, the owner must have it reaffixed by an accredited person as soon as practicable (r. 45EB). Skipper ticket duties: Drivers of RST vessels must hold a current ticket or be under direct supervision (r. 47A). Ticket holders must produce the ticket on demand to an authorised person (r. 47H), and must notify the CEO of any change of name or address within 21 days (r. 47I). Lifejacket wearing duties: Children aged 12 months to under 12 years must wear an appropriate lifejacket on open areas of pleasure vessels outside protected waters beyond 400 m; all persons on vessels under 4.8 m in those same waters must wear lifejackets; all persons on personal watercraft must wear lifejackets (r. 50B). The master must ensure compliance. Equipment duties: The owner or master must ensure the vessel is equipped with appropriate lifejackets for each person on board (r. 52A), distress signals (r. 52B), a marine transceiver when beyond 4 nautical miles (r. 52BAA), and an EPIRB or personal locator beacon when outside protected waters beyond 400 m (r. 52BAB). All equipment must be maintained in serviceable condition and readily accessible (r. 52BA). Navigation lights must be displayed between sunset and sunrise (r. 52G). Safety navigation duties: Vessels must not be navigated to endanger safety or obstruct others (r. 14A); speed must not cause nuisance or damage (r. 14). Towing is restricted to one vessel per bridge passage, and the towing vessel’s operator must be at least 17 and accompanied by a person at least 14 (r. 15). Obstruction avoidance: A person must not cause or allow a vessel or other thing to become an obstruction as defined (r. 40D(2)), nor place a crab drop net, fishing net, marker buoy or buoyed object in a channel, fairway or passage (r. 40D(3)). Right to remove obstructions: The CEO has the power to remove obstructions that are not vessels (r. 40J) or vessels (r. 40K), subject to notice requirements, and may sell, store, repair, treat or destroy them (r. 42). The CEO may return a removed obstruction to the owner on payment of reasonable costs (r. 44). Access rights: Inspectors may identify suspected obstructions by fixing a label (r. 40G) and may enter premises (other than residential parts without consent or warrant) to gain access to an obstruction (r. 40H). Right to issue remedy notices: The CEO may give a remedy notice to a person suspected of committing an obstruction offence, specifying steps to rectify, a compliance period, and consequences of non‑compliance (r. 40F). Right to review: A person aggrieved by a CEO decision to refuse, cancel or suspend a recreational skipper’s ticket may apply to the State Administrative Tribunal for review (r. 47G(5)). Right to information: The Department may demand from the owner or person in charge of a vessel the name and address of the driver at the time of an alleged offence (r. 19F).

Penalties and enforcement

The regulations prescribe a range of fines for offences. Unless another penalty is specified, contravening a provision in Part II (general good order) attracts a fine of $500 (r. 20). Part III (jetties) offences also carry a maximum fine of $500 (r. 36). Part IV (berthing and mooring) offences carry a maximum fine of $5,000 (r. 40), significantly higher, reflecting the seriousness of failing to comply with a direction to move a vessel. Part 5 (obstructions) creates escalating penalties: causing or allowing an obstruction in contravention of marine legislation or other obstruction triggers a fine of $15,000 for a first head of offence (r. 40D(2)); placing a net or buoy in a channel, fairway or passage is $1,000 (r. 40D(3)). Accessing or interfering with an identified obstruction by a non‑relevant person attracts $1,000 for climbing on or accessing and $10,000 for interfering (r. 40E(2)-(3)). A relevant person (owner) accessing or interfering otherwise than under a remedy notice faces $10,000 (r. 40E(4)). Failure to comply with a remedy notice carries a fine of $5,000 plus a daily penalty of $200 for each day or part of a day the contravention continues (r. 40F(6)). Part 5A (registration) offences carry a fine of $500 (r. 45F). Part 6 (skipper tickets, lifejackets, equipment) offences carry a maximum fine of $500 for most provisions (r. 53(5)), but specific penalties for using signals or flares without permission is $1,000 (r. 19B), and for approaching diving operations unsafely is $1,000 (r. 19E). Infringement notices may be issued under the Marine Act; unauthorised endorsement or alteration of an infringement notice is an offence with a $500 fine (r. 74). Enforcement powers include: inspection of vessels at any hour by an officer of the Department or police officer (r. 5); demand for name and address from any person on or about a vessel (r. 5(c)); seizure of equipment or boarding under the Marine Act. The Department may cancel or suspend any certificate granted under the Acts on conviction of an offence under r. 5 (r. 5(d)). Obstruction enforcement is particularly robust: the CEO may remove an obstruction after giving notice (r. 40K), and reasonable costs and expenses become a debt due to the State by the person responsible (r. 45(2)(a)) and a first charge in priority to all other claims on the vessel or thing (r. 45(2)(c)). The charge is declared to apply under s. 73(2) of the Personal Property Securities Act 2009 (Cth) (r. 45(3)). The CEO may sell or gift an obstruction in good faith, and the purchaser receives good title against everyone (r. 43(1)). Proceeds of sale are applied to reduce costs, and any surplus goes to the owner if identified within 7 days, otherwise to the Consolidated Account (r. 43(2)-(3)). Recreational skipper’s ticket cancellation: A ticket is cancelled by force of law if a person is convicted of certain serious offences under the Marine Act (prescribed offences) and meets specified prior conviction conditions (r. 47GA(2)-(3)). Disqualification in another jurisdiction suspends a WA ticket and prevents obtaining a new one (r. 47GB).

How it interacts with other laws

The regulations are made under three Acts: the Shipping and Pilotage Act 1967, the Jetties Act 1926, and the Western Australian Marine Act 1982, collectively called “the Acts” (r. 2(1)). Terms defined in the Marine Act have the same meaning in the regulations unless the contrary intention appears (r. 2(3)). Part 5 explicitly defines “marine legislation” for the purposes of obstruction offences (r. 40C(1)) to include the Marine Act; the Jetties Act 1926 and its regulations; the Marine and Harbours Act 1981 and its regulations; the Shipping and Pilotage Act 1967 and its regulations; and these regulations themselves. This means a contravention of any of those laws can constitute an obstruction. The regulations refer to and incorporate other instruments. The Prevention of Collisions in State Waters Regulations 1983 (made under the Marine Act) apply to every person in charge of a motor boat or sailing vessel, and it is a duty to be conversant with and abide by them (r. 13). Navigation lights must be those prescribed under the Collisions Regulations (r. 52G). The Jetties Act 1926 section 3 definition of “public jetty” is used (r. 2(1), r. 21). The Fair Trading (Product Information Standard) Regulations 2005 (WA) are referenced in relation to Australian Builders Plates: a vessel required to have an ABP attached under regulation 9 of those Regulations must have it to be registered (r. 45B(5a)(c)). The International Organization for Standardization is specified as a like body for the purposes of Marine Act s. 115(1)(a) (r. 3B). Lifejacket standards refer to Australian Standards (AS 4758) and ISO 12402, and SOLAS lifejackets (r. 46(2)). Distress signals must comply with Marine Orders Part 25 (Commonwealth) or Australian Standard 2092‑2004 (r. 52B(2AA)). Emergency Position‑Indicating Radio Beacons and personal locator beacons must comply with AS/NZS standards and be registered with the Australian Maritime Safety Authority (r. 46(2) definitions). The marine transceiver must be approved by the Australian Communications and Media Authority (r. 46(2)). The Personal Property Securities Act 2009 (Cth) s. 73(2) applies to the charge created for obstruction costs (r. 45(3)). Disclosure of information provisions in Part VIII link to Marine Act ss. 109 and 111, prescribing the Commissioner of Police and a list of Commonwealth and state officials (rr. 71, 72). The form of an entry warrant must be as set out in Schedule 1 Form 4, under Marine Act s. 26(5) (r. 69). The form of an order to produce business records must be Schedule 1 Form 5, under Marine Act s. 18D(4) (r. 70). Electronic notice giving is authorised for a list of documents under the Marine Act and these regulations (r. 73). The regulations also provide for transitional provisions when amendment regulations commence (e.g., r. 45AD for hull identification provider accreditation). The regulations do not operate in a vacuum - they sit alongside the principal Acts and other delegated legislation such as the W.A. Marine (Certificates of Competency and Safety Manning) Regulations 1983 (referenced in r. 47C(7) for higher qualifications) and the Dangerous Goods Safety (Explosives) Regulations 2007 (r. 27).

Amendment history

The Navigable Waters Regulations 1958 have been amended very frequently. The original regulations were published on 2 April 1958 and commenced on 1 May 1958. Major structural changes occurred in 1971 (insertion of Part 5A registration), 1972 (diving signals, speed limits, emergency vessel provisions), 1974-1975 (lifejacket equipment requirements, water ski‑ing restrictions), 1984 (substantial rewrite of registration provisions), 1992 (new penalties, amendment of many provisions), 2000 (introduction of hull identification numbers, registration fees restructured), 2006 (insertion of Part 6 recreational skipper’s tickets, removal of many old provisions), 2014 (consolidation of Part 6, deletion of redundant provisions), 2022 (accreditation of HIN providers and examiners), and 2023 (major update of lifejacket and equipment requirements in Part 6, introduction of new lifejacket categories, EPIRB/PLB requirements, clarification of sailboard riding, etc.). The 2024 amendments (SL 2024/191) restructured the entire regulations by inserting new Parts 1, 2, 6 headings, adding Schedule 2 vessel definitions, and making numerous consequential amendments. The most recent amendment at the time of this compilation is SL 2025/215 (Transport Regulations Amendment (Removal of Obstructions) Regulations 2025) which inserted a completely new Part 5 (Obstructions) with detailed divisions on preliminary matters, offences, investigation, removal, and CEO powers to deal with obstructions, together with amendment of r. 45E to prevent transfer of registration of obstructed vessels, and insertion of rr. 73 and 74 on electronic notices and infringement notice offences. The compilation table shows over 80 amendment entries, indicating the regulations are a living instrument. Key fee schedules are updated annually via Transport Regulations Amendment (Fees and Charges) regulations. The regulations have been reprinted many times; reprint 16 was current as at 5 December 2014, and subsequent amendments have been incorporated into the latest compilation from 2025. Transitional provisions appear in regulation 45AD (transitional for HIN accreditation) and in earlier amendments (e.g., 1992 regulations r. 9 transitional, now spent).

Litigation history

The regulations themselves do not cite any decided cases, and no case names are mentioned in the text. Accordingly, this section can only note the enforcement and review mechanisms provided within the regulations, which imply that litigation may arise. For recreational skipper’s tickets, a person aggrieved by the CEO’s decision to refuse, cancel or suspend a ticket may apply to the State Administrative Tribunal (SAT) for review (r. 47G(5)). This provides a statutory avenue for administrative review. The regulations also contemplate criminal proceedings for offences: penalties are expressed as fines on conviction, and proceedings would occur in a court of competent jurisdiction (e.g., Magistrates Court). For recovery of obstruction costs, the State may sue the person responsible in a court of competent jurisdiction (r. 45(2)(b)). The charge on the vessel or thing created under r. 45(2)(c) is declared to be a security interest under the Personal Property Securities Act 2009 (Cth) s. 73(2), which could be enforced through the courts or via registration on the PPSR. Warrants for entry (Form 4) require issuance by a magistrate, and orders to produce business records (Form 5) require issuance by a Justice of the Peace - both are subject to challenge in lawful proceedings. The infringement notice regime under the Marine Act (referenced in r. 74) allows for penalties to be paid without court attendance, but the alleged offender can elect to have the matter heard in court. The regulations also provide for a defence to obstruction offences if the person charged proves they were acting in accordance with a departmental consent (r. 40D(4), r. 40E(5)). That defence places an evidentiary burden on the defendant. No specific judgments or interpretations are recorded in the legislation. Practitioners should be aware that the regulations have been amended frequently, and any reported decisions under earlier versions may be of limited relevance to the current text, particularly after the 2024 and 2025 rewrites. The State Administrative Tribunal’s jurisprudence on ticket refusals and the courts’ interpretation of obstruction provisions (such as “hazard to safety or the environment” in r. 40C(2)) will develop over time.

Gotchas

Several provisions contain traps for the unwary. Tender definition is narrow - a tender must not exceed 3.1 m in length, have power no more than 3.73 kW, be marked with the parent vessel’s registration number, and be used only as a lifeboat or for shore transport; using it for any other purpose disqualifies it from the tender exemption and makes it a registrable vessel (r. 2(1)). Registration grace periods are limited: a vessel may be used for 30 days after expiry (r. 45B(2)), and a foreign pleasure vessel for 30 days after entry (r. 45BAA(3)), but after that registration is mandatory. Interstate registered vessels have a 3‑month grace period (r. 45B(2a)). At the end of the grace period, the vessel must be registered or removed from navigable waters. Hull identification number requirements are strict: a person must not alter, remove or render illegible the HIN without CEO approval (r. 45EA). If it happens accidentally, the owner must have it reaffixed by an accredited person as soon as practicable (r. 45EB). Transfer of registration also requires a HIN verification certificate (r. 45E(2)(b)(iv)). Lifejackets must be the correct level for the vessel type and the person’s body mass. For personal watercraft and non‑registrable vessels, Level 50S or 50 is acceptable; for registrable vessels that are not personal watercraft, only Level 100, 150, 275 or SOLAS are appropriate (definition of “appropriate lifejacket” in r. 46(2)). Distress signals must not be expired - a vessel is taken not to be equipped with a distress signal if its manufacturer‑marked expiry date has passed (r. 52B(1AA)). Marine transceiver must be switched on and tuned to the emergency distress calling frequency or the working frequency of the logged‑on shore station while underway (r. 52BAA(2)). Obstruction includes any part of the obstruction, anything contained within it, and an obstruction used for residential purposes (r. 40C(3)) - so an abandoned vessel used as a floating home can be dealt with as an obstruction. Person responsible for costs is a very wide class: registered owner, last registered owner, owner, last master, or any person who has or last had responsibility (r. 45(1)). This can capture former owners, previous masters, and even a person who once had custody of the vessel. Daily penalties for failing to comply with a remedy notice start immediately and accrue for each day or part of a day (r. 40F(6)(b)). Change of address must be notified within 15 days for registered vessels (r. 45D(1)(b)) and within 21 days for skipper ticket holders (r. 47I). Missing these deadlines is an offence. Interstate or overseas skipper tickets are valid only for 3 months after entering WA (r. 47E). After that, the person must obtain a WA recreational skipper’s ticket or be under supervision. Age restrictions for driving are complex: a 14‑year‑old can drive an RST vessel only if they hold a ticket and drive at ≤8 knots and only between sunrise and sunset (r. 47A(4)). A 15‑year‑old in the same situation has the same restrictions. Dealer plates cannot be used for payment or valuable consideration - using a vessel with dealer plates to carry fare‑paying passengers is prohibited (r. 45BA(4)). Notification of loss or destruction of vessel must be given within 15 days of learning of the loss (r. 45E(3)). If the Department has already been notified under accident reporting (r. 52H), that satisfies the obligation.

How to comply

Vessel owners and operators should follow these key steps: Register any registrable vessel (pleasure vessel with a motor fitting) before using it in navigable waters, unless within a 30‑day grace period after expiry or 3‑month grace period for interstate vessels (r. 45B). Apply using the approved form, provide a hull identification number certificate from an accredited provider, pay the appropriate fee based on length (r. 45B(3a)(b)), and affix the registration label to the port side. Mark the registration number on each side of the hull (or on the top of the wheelhouse for vessels going north of Geraldton) in the specified dimensions and style (r. 45B(7)-(8)). Obtain a recreational skipper’s ticket if you drive an RST vessel (more than 4.5 kW) and are 16 or older (r. 47A(5)). If you are 14-15, you need a ticket but may drive only at ≤8 knots and between sunrise and sunset (r. 47A(4)). Apply through an approved examiner, pay the fee, and carry the ticket to produce on demand (r. 47C, 47H). Equip your vessel with the required safety gear. For a registrable vessel: at least one appropriate lifejacket per person (r. 52A); when outside protected waters and more than 400 m from shore, carry two red hand‑held flares and two orange hand‑held flares, or an approved electronic visual distress signal plus a GNSS‑equipped EPIRB, or a PLB attached to a person (r. 52B); an EPIRB or PLB (r. 52BAB); beyond 4 nautical miles from shore, a marine transceiver (r. 52BAA). When outside protected waters and more than 400 m from shore on a vessel less than 4.8 m, all persons must wear an appropriate lifejacket; on any vessel in those waters, children 12 months to under 12 years must wear one on open areas; all persons on personal watercraft must wear one (r. 50B). Ensure lifejackets are serviceable and readily accessible (rr. 52BA, 52BB). Display navigation lights between sunset and sunrise (r. 52G). Do not create an obstruction: moor or berth only in authorised places, pay any berthing dues, and do not abandon vessels or place nets/buoys in channels or fairways (r. 40D). If you receive a remedy notice, comply within the specified period to avoid a $5,000 fine plus daily penalty and the risk of removal at your cost (r. 40F). Report accidents causing loss of vessel, unseaworthiness, loss of life or serious injury within 7 days (r. 52H). Notify changes: change of address within 15 days for registered vessels (r. 45D), within 21 days for ticket holders (r. 47I). On selling a vessel, give the certificate to the buyer and notify the Department within 7 days; the buyer must apply for transfer within 15 days (r. 45E). Check expiration dates on flares and EPIRBs - expired equipment is not considered carried for compliance (r. 52B(1AA)). Maintain equipment in serviceable condition (r. 52BA). Carry the certificate of registration on board foreign pleasure vessels (r. 45BAA(6)(b)). For other vessels, produce the registration label and certificate when requested. If diving, display the appropriate flag or lights and keep at least 50 m clear of other vessels approaching diving operations (rr. 19C-19E). For water skiing and para‑sailing, only operate in gazetted areas, with a competent driver aged 17+ and an observer aged 14+, and keep clear of swimmers, moored vessels, and shore as set out in Division 3 of Part 6 (rr. 48-50).